It goes against our nature as litigators, but settling a case before, or at the inception of, litigation is often in everyone’s best interest. Given the growing costs of litigation, the scales may tip in favor of trying to resolve a case in its earliest stages more frequently than clients—or litigators—realize. In my practice, I have found four key steps to early resolution and evaluating its advantages.
Step 1: Eliminate the emotions.
This holds true for lawyers and clients alike. Before even analyzing the numbers and other practicalities, the emotions must be reined in. This starts with the lawyer. Some litigators will view it as a sign of weakness if they initiate settlement discussions. It is not. Move away from this type of thinking. And don’t let pride get in the way. Perhaps you are concerned that a client will think you are weak or do not believe in their case if you suggest settlement right off the bat. They probably will not. Most clients want issues resolved sooner rather than later. But even if the client seems to have an anti-settlement mentality when they walk into your office, it is up to you to provide the client with a balanced perspective of the options.
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